Allentown man, 87, accused of killing son declared incompetent

The courts must now determine where Roy Tarboro, who needs around-the-clock care, can live.

July 05, 2013|By Patrick Lester, Of The Morning Call

An 87-year-old east Allentown man charged with shooting his son in October 2012 is incompetent to stand trial, a Lehigh County judge ruled Friday.

Now it will be up to the court system to determine where Roy L. Tarboro, who suffers from dementia, will be able to live to receive the around-the-clock care he needs.

"I concede he is incompetent," First Assistant District Attorney Steven Luksa said after Tarboro's appearance in court. "Based on everything I know … he's never going to become competent."

Tarboro was charged with homicide in connection with the October 2012 shooting death of his 54-year-old son, Rickey Tarboro Sr., at the 712 Allen St. apartment building where they lived. Rickey Tarboro lived on the first floor of the building and his father on the second floor.

Investigators said the elder Tarboro admitted that he had several weapons and fired them through his apartment door.

Relatives have said the Roy Tarboro apparently believed someone was trying to get into his upstairs apartment Oct. 29 when he fired his gun several times, hitting and killing his son. They said they believe the elder Tarboro mistook his son for an intruder.

Family members said after the shooting that, for several years, Tarboro had been telling them about armed intruders trying to break into his apartment. They dismissed the stories as a symptom of his dementia.

Tarboro, who appeared in court in a wheelchair, has been held in Bucks County Prison since the shooting.

Luksa said the homicide charge could remain in perpetuity and the case be reviewed every year or so while Tarboro remains alive.

"We're never going to try him on this [charge]," Luksa said.

Judge James T. Anthony, who declared Tarboro incompetent, scheduled an Aug. 1 hearing to further discuss the case. Luksa said workers from various social service agencies will likely be subpoenaed to discuss the potential housing options, or lack thereof for Tarboro.

"Jail is not the most appropriate place for him," Luksa said. "The question is where is he best served and where is the community best served."